Legal Question in Wills and Trusts in Alabama

That is NOT correct. The "Agreement" would be her will. If she dies first with no will, you will be entitled to half of her estate and he will be entitled to the other half of her estate. If there is a will, and it is in force when she dies (she could revoke the will at any time) the terms of that will should probably govern. (I say probably, because I don't know what the will says) The husband would still be entitled to a "Spousal Elective Share" (this statutory provision keeps a person from disinheriting a spouse, unless the spouse has a seperate estate which is larger than 1/3 of the estate of the spouse who has died) which could be as much as 1/3 of the estate, even if it is willed to you only. There is nothing that will stop her from giving the husband an interest in the house, or anything else for that matter. If your mother wants you to inherit on her death, and the husband to receive none of the property she and your father accumulated, you and she should go to an attorney and craft documents that will make that happen. Don't expect it to happen by itself. As it stands, he is entitled to at least a spousal elective share. Get the help of an attorney, and get it now. As harsh as this sounds, if you wait until your mother's death, you may have waited too late! Good Luck